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135.
On January 17, 1995, based on a document sent by Mr. Galindo Cárdenas, former Magistrate on
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the Huánuco-Pasco Superior Court, in connection with his arrest while serving in that judicial post and
considering that the facts exposed therein appeared to be “serious accusations against authorities in the Huánuco
Military-Political Command, the Public Prosecutor’s Office and the Office of the Chief of Counter-Terrorism –
JECOTE- in Huánuco”, which if not investigated by the competent authorities could establish a serious precedent
detrimental to the country’s judicial authorities, the Executive Council of the Judicial Branch resolved the following
pursuant to Article 82(4) of the Organic Law of the Judiciary:
First.- To send the current records to the Office of the General Commander of the Army, informing him that
this organ of the Judicial Branch is troubled by the facts that occurred in this instance and is demanding an
exhaustive investigation and punishment of those responsible; Second.- To send a memorandum to the
Attorney General of the Nation so that, following an investigation into the officials with the Public
Prosecutor’s Office who are mentioned in the report in question, she will impose the sanctions she deems
pertinent; and Third - To send a memorandum to the authorities of the Ministry of the Interior so that,
following an investigation, they impose whatever sanctions they deem appropriate, and report to this
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branch of government.
136.
On January 18, 1995, the Office of the Attorney General received another brief from Mr. Luis
Antonio Galindo Cárdenas, who elaborated upon his complaint and, as evidence, supplied a copy of the last page
(page 6) of the deposition which he gave in the presence of a member of the DINCOTE-Lima specialized police and
the Deputy Provincial Prosecutor, Dr. Aguirre Visag, at the facilities of the Yánac-Huánuco Army base and that
according to Mr. Galindo was replaced in the investigation prosecuted against him so as to claim that he had given
a “repentant statement that he never” made or ever agreed to make, despite the pressure that the Head of the
Military-Political Command, Peruvian Army Colonel Negrón Montetrusque, the Provincial Prosecutor in charge of
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the investigation, and the chief of JECOTE P.N.P, Major.Agustín Quezada Sánchez ,exerted on him to do just that.
According to page 6 of the deposition, which Luís Antonio Galindo had enclosed with his previous brief, Mr.
Galindo states that the title of the “Declaration of Repentance” is subjective, since what matters is the substance
of the document.
Consequently, as I was not a member of that terrorist group, I could hardly make a declaration of
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repentance – because it could then be called a Declaration of Repentance or any other name.
When asked if, as a magistrate, he had been an adjudicator in any terrorism case, Mr. Galindo answered that he
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never had.
137.
On January 25, 1995, Verification Report No. 009 DECOTE-PNP-HCO was issued concerning the
request made by the person identified by the code number AIJ054998 to avail herself of the benefits of the
Repentance Law and its Regulations. The Commission notes that the code number allegedly used to identify Mr.
Galindo in the Declaration of October 15, 1994 is A1J054967 and not AIJ054998. Hence, the Commission will not
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Annex 25. Aide Memoire-Report of Dr. Luis Antonio Galindo Cárdenas to Dr. Carlos Ernesto Giusti Acuña, Member of the Supreme
Court of the Republic, Chief of the Office of Internal Control of the Judicial Branch, December 22, 1994. Attachment to the petitioner’s brief of
January 3, 1996.
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Annex 22. Executive Council of the Judiciary. Resolution of January 17, 1995, signed by Moisés Pantoja Rodulfo, President, and by
Sylvia Astete Benavides, Secretary General of the Supreme Court of the Republic. Attachment to the petitioner’s brief of January 3, 1996.
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Annex 23. Brief addressed to the Chair of the Board of Supreme Prosecutors of the Public Prosecutor’s Office, stamped ‘received’
on January 18, 1995, by the Office of the Attorney General of the Nation, General Secretariat, Registry Office for Incoming Communications.
Attachment to the petitioner’s brief of January 3, 1996.
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Annex 24. Page six of the deposition by Luis Antonio Galindo Cárdenas (46)., signed by the examiner, Public Prosecutor’s Office,
Dr. Víctor Aguirre Visag, the attorney-deponent, Luis A. Galindo Cárdenas. Attached to the petitioner’s brief of January 3, 1996.
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Annex 24. Page six of the deposition by Luis Antonio Galindo Cárdenas (46)., signed by the examiner, Public Prosecutor’s Office,
Dr. Víctor Aguirre Visag, the attorney - deponent, Luis A. Galindo Cárdenas. Attached to the petitioner’s brief of January 3, 1996.